VAN DER WESTHUIZEN J
however, that its role is a secondary and limited one, especially in view of Chapter 12
of the Housing Code.
Chapter 12 of the Housing Code
[47] Chapter 12 provides for assistance to people who find themselves in need of
emergency housing for reasons beyond their control. Included in the definition of an
emergency is the situation where people are ―evicted or threatened with imminent
eviction from land or from unsafe buildings, or situations where pro-active steps ought
to be taken to forestall such consequences‖.50 It is undisputed that the Occupiers will
be rendered homeless by eviction unless the City provides them with accommodation.
It was accepted by counsel on behalf of the City that their situation constitutes an
emergency.
11(3) and 23(1) of the Municipal Systems Act, discussed at [24]-[26] above. See also the discussion of Chapter
12 below.
50
Chapter 12 defines ―Emergencies‖ at section 12.3.1 as the following:
―An Emergency exists when the MEC, on application by a municipality and or the provincial
housing department, deems that persons affected,
a.
Owing to situations beyond their control:
•
have become homeless as a result of a declared state of disaster . . .
...
•
are evicted or threatened with imminent eviction from land or from unsafe
buildings, or situations where pro-active steps ought to be taken to forestall
such consequences;
•
whose homes are demolished or threatened with imminent demolition, or
situations where proactive steps ought to be taken to forestall such
consequences; or
...
•
b.
live in conditions that pose immediate threats to life, health and safety and
require emergency assistance.
Are in a situation of exceptional housing need, which constitutes an Emergency that
can reasonably be addressed only by resettlement or other appropriate assistance, in
terms of this Programme.‖
23